LEAVING STATE TO AVOID CHILD SUPPORT - ELEMENTS
No person may be convicted of leaving the State to avoid child support unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, the defendant left the State of Oklahoma;
Second, to avoid providing necessary food/clothing/ shelter/(court-ordered monetary child support)/(medical attention) for a child;
Third, for whom the defendant owes a duty to provide.
[The duty to provide medical attention means that the person must provide medical treatment in the manner and on the occasions that an ordinarily prudent person, who is concerned for the welfare of a child, would provide. A person is not liable for failing to provide medical attention for every minor or trivial complaint that a child may have.]
Statutory Authority: 21 O.S. Supp. 2000, § 852(B).